How to Prove a Driver Was Distracted After an Accident

How to Prove a Driver Was Distracted After an Accident

Using a phone while driving a car is a serious offense in North Carolina. And if a distracted driver has injured you, proving they were negligent due to distracted driving could help your case in receiving financial compensation.

There are many sources of distracted driving from eating to applying makeup. However, cell phone use is the most common cause of distracted driving.

First off, let’s define what distracted driving entails when it comes tohandheld devices. Thelaw outlinesthree definitions for handheld electronic device use, specifically cell phones or smartphones.

The only time a driver is permitted to text and drive is while fully stopped or parked. Commercial drivers are not exempt from these rules.

Distracted driving can contribute to proving that the other driver was at-fault for the accident. Once you prove that the other driver is the one responsible for your injuries, it’s much easier to secure a fair settlement that compensates you for your injuries.

Furthermore, distracted driving shows negligence on behalf of the other driver. So proving distracted driving can show that the driver directly caused the accident due to not following the law.

The great news is if you work with a North Carolina personal injury attorney, your attorney will do this work for you. Your attorney will guide you through some questions to prove fault in the accident, including distracted driving when applicable.

Here are some ways that you and your attorney can prove distracted driving during a personal injury lawsuit.

Investigate at the scene of the accident : if you suspect distracted driving, you can do some light investigation at the scene of the accident. This might include seeing food bags in the passenger seat or a cell phone still unlocked at the time of the accident. Take photos if you can and even videos to show what’s really happening. However, do not put yourself in harm’s way to document the accident scene. Only take the time to investigate the scene if you’re in a safe place.  Subpoena cell phone records : working with your attorney, you might be able to subpoena the cell phone records of the at-fault party after a car accident. The cell phone records will show specifics of the time the driver was using their phone. In rare circumstances, the police officer responding to the accident scene might even inspect the phone or take it as evidence in the accident. Gather vehicle data : some newer vehicles are equipped with sophisticated dashboards that function much like a computer. They can record the driver’s actions, such as speeding or adjusting the radio. And most of this data is time-stamped so that you know when something happened in relation to an accident.  Interview witnesses : witnesses can help prove whether or not the at-fault driver was distracted at the time of the accident. Witnesses might include your passengers, other drivers or pedestrians. These witnesses can help give an account of what they saw leading up to the accident. Review the police report information : because distracted driving is a traffic violation, police officers will include it in their report if they suspect distracted driving. This might include the at-fault driver admitting to distracted driving as well as information from witnesses. Traffic cameras or local business security footage : your attorney will review the location of your accident to see if there might be any chance that the driver’s actions were caught on film. This might include traffic cameras or security footage from businesses nearby. Your North Carolina car accident attorney will review the information to see if there is any footage of the accident.  Accident reconstruction : an accident reconstruction specialist can work with your attorney to recreate what happened during the accident. This can show how forensic evidence points to distracted driving based on tire marks, debris, etc. 

No matter the circumstances surrounding your car accident, you should hire a North Carolina car accident attorney as soon as possible after being injured in an accident. Robert Louis Armstrong Personal Injury Attorney will represent you and protect your rights. To learn how we prove distracted driving and other car accident evidence,contact usfor a free case evaluation.

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